Judge: Christopher K. Lui, Case: 22STCV27794, Date: 2024-06-25 Tentative Ruling

Case Number: 22STCV27794    Hearing Date: June 25, 2024    Dept: 76

            Plaintiff alleges that Defendants negligently performed an incision and drainage procedure of an abdominal wall abscess with placement of a wound VAC (vacuum-assisted closure) dressing. Unbeknownst to Plaintiff, a surgical sponge used during the surgery was left inside Plaintiff's abdominal cavity.          

Defendant James A. Murray, M.D. moves for summary judgment.

TENTATIVE RULING

The hearing on Defendant James A. Murray, M.D.’s motion for summary judgment is placed OFF-CALENDAR AS MOOT. 

            On May 22, 2024, Plaintiff dismissed moving party with prejudice. Because this was before the opposition to the motion for summary judgment was due, the Court has no jurisdiction to rule on the merits of the motion. (Zapanta v. Universal Care, Inc. (2003) 107 Cal.App.4th 1167, 1170-74.)